R. v. MacDonald

R. v. MacDonald

The appropriate disposition for this offender was non-custodial: impose a DNA collection order, fines (reduced to account for the unconstitutional detention), a three-year probation with stringent terms tailored to protect the victim and promote rehabilitation, and a 15-month driving prohibition with an elevated fine; the break-and-enter, while serious, was mid-range and offender's lack of premeditation, first-offender status and concrete rehabilitation steps justified a below-benchmark custodial outcome in accordance with sentencing principles and parity precedents.

Citation
2018 NSPC 25
Parties
Prosecution: Her Majesty the Queen; Defendant: Donald Joseph MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 April 2018
Procedural Posture
Criminal Sentencing / Sentencing Decision Following Guilty Pleas
Outcome
Defendant convicted (guilty pleas) and sentenced by Provincial Court: non-custodial disposition imposed with fines, probation and driving prohibition; DNA collection order made.
Legal Topics
Break and Enter, Impaired Driving, Bail Conditions and Breaches, Charter S.9 Detention and S.24(1) Remedy, Sentencing Parity and Proportionality, DNA Collection Order, Probation and Fines
Source Language
English
Criminal Law Constitutional Law (charter) Sentencing Law Break and Enter Impaired Driving Bail Conditions and Breaches Charter S.9 Detention and S.24(1) Remedy Sentencing Parity and Proportionality +2 more

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Parties

Her Majesty the Queen

Prosecution

Donald Joseph MacDonald

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Decision Following Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for non-violent mid-range residential break-and-enter
  2. 2 Appropriate sentence for aggravated impaired driving and related bail breach
  3. 3 Effect of unconstitutional detention (s.9 Charter) and appropriate s.24(1) remedy

Ratio Decidendi

The appropriate disposition for this offender was non-custodial: impose a DNA collection order, fines (reduced to account for the unconstitutional detention), a three-year probation with stringent terms tailored to protect the victim and promote rehabilitation, and a 15-month driving prohibition with an elevated fine; the break-and-enter, while serious, was mid-range and offender's lack of premeditation, first-offender status and concrete rehabilitation steps justified a below-benchmark custodial outcome in accordance with sentencing principles and parity precedents.

Court Disposition

Defendant convicted (guilty pleas) and sentenced by Provincial Court: non-custodial disposition imposed with fines, probation and driving prohibition; DNA collection order made.

Orders

  • Primary-designated DNA collection order (case 8063554)
  • Break-and-enter (para. 348(1)(b)): fine $2000 CAD and victim surcharge $600 CAD, payment allowed within 24 months